Realization Proceeds definition

Realization Proceeds has the meaning set out in Section 12.7.

Realization Proceeds includes any and all cash, securities and other property received or realized from foreclosure, sale, collection suit or other means of realization of the Liens upon any Collateral (including distributions of Collateral in satisfaction of any Secured Obligations) or distributed in any Insolvency or Liquidation Proceeding in respect of any claim upon any Secured Obligation that is allowed or enforceable therein as a claim secured by any Collateral pursuant to the Security Documents.

Realization Proceeds means, as of the relevant date, in all cases, as determined by the Administrator in its sole discretion and (1) excluding (A) any management, transaction or similar fees, received by the Principal Stockholders or any of their Affiliates, (B) any consideration received pursuant to the Merger Agreement and (C) any consideration received in a Post-Closing Syndication Transfer which is excluded from the definition of “Investment”, (2) assuming the exercise of all options and warrants to purchase equity securities of the Company outstanding as of such date, (3) without duplication and (4) taking into account all post-closing adjustments:

Examples of Realization Proceeds in a sentence

• If any Secured Party obtains possession of any Collateral or realizes any Realization Proceeds in respect thereof, at any time prior to the Discharge of all of the Secured Obligations, then such Secured Party shall hold such Collateral and Realization Proceeds in trust for the other Secured Parties, and promptly transfer such Collateral and Realization Proceeds to the Collateral Agent to be distributed in accordance with this Agreement.

• For certainty, subject to the Adjustment Time, all Realization Proceeds will be distributed pursuant to Section 12.7.

• Nothing in this Agreement shall be construed so as to entitle a Lender to receive any Realization Proceeds from any Property of the Co-Borrowers or any other Person in respect of which such Lender does not have security or in respect of which such Xxxxxx’s security is invalid, ineffective or unenforceable against third parties, including, without limitation, the Co-Borrowers or any subsidiary thereof.

• Proceeds of Insurance and Disposition If any of the assets of Rosedale are disposed of, dealt with, lost or damaged so as to give rise to proceeds (including amounts payable under insurance policies), such proceeds shall be deemed to be Realization Proceeds for the purposes of the Agreement and the priority of claims of the Lenders against such proceeds shall be determined in accordance with section 10.

• If any of the assets of Ontario Paint are disposed of, dealt with, lost or damaged so as to give rise to proceeds (including amounts payable under insurance policies), such proceeds shall be deemed to be Realization Proceeds for the purposes of the Agreement and the priority of claims of the Lenders against such proceeds shall be determined in accordance with section 10.

More Definitions of Realization Proceeds

Realization Proceeds has the meaning set out in Section 12.7. "Recapitalization Transaction" has the meaning attributed thereto in the Circular.

Realization Proceeds has the meaning assigned thereto in section 6.1 hereof;

Realization Proceeds means, collectively, all payments, proceeds and other amounts received by either Creditor in connection with any property, assets or undertaking of the Borrower subject to the Security held by such Creditor, specifically including as a result of any enforcement action taken by such Creditor with respect thereto.

Realization Proceeds means any and all proceeds of the sale, lease, license, exchange or other disposition of or realization upon any item of Collateral, and all distributions with respect to such item of Collateral made in any proceeding under Debtor Relief Laws with respect to Xxxxxx, any Dealership Subsidiary or any other Subsidiary and, to the extent payable to a Party and to the extent of the value of the Collateral, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the Collateral.

Realization Proceeds means any cash or non-cash proceeds received by Collateral Agent in connection with Collateral Agent's enforcement of its Liens upon any of the Collateral.

Realization Proceeds means all payments, proceeds, amounts, monies or monies worth derived from the Common Collateral after such Lender has commenced Enforcement of its Security;

Realization Proceeds means any proceeds (whether cash, non-cash or otherwise) realized by any of the Lenders upon the enforcement (whether judicial or otherwise) of, or the realization of any judgement, demand, acceleration or similar action under, or collection in respect of the New Investor Loan Documents, the QIP Investor Loan Documents or applicable law or the realization on or collection in respect of any Collateral, including any Collateral foreclosed upon by a Lender and including any insurance or expropriation proceeds or damages or payments in lieu of damages in respect of any Collateral if received during or as a result of the enforcement of the New Investor Loan Documents or QIP Investor Loan Documents.